R. v. Summers, 2013 ONCA 147 holds enhanced credit for pre conviction custody may properly include consideration of ineligibility for remission and parole while in remand custody:
[8] As I see it, however, s. 719(3.1) of the Code allows a sentencing judge to credit pre-sentence custody at a ratio up to, but not exceeding, 1.5:1 for each day spent in pre-sentence custody where, on consideration of all relevant circumstances, such credit is necessary to achieve a fair and just sanction in accordance with the statutory scheme for sentencing and punishment set out in the Code. On a proper record, the relevant circumstances that may justify this enhanced credit include ineligibility for remission and parole while in remand custody. In the reasons that follow, I will explain the basis for this conclusion.
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